WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Chris Van Hollen (D-MD), Leader Chuck Schumer (D-NY), Mazie Hirono (D-HI), Tim Kaine (D-VA), and Angela Alsobrooks (D-MD) introduced the Securing Assurance for Federal Employees (SAFE) Act, legislation to explicitly prohibit the federal government from carrying out reductions in force (RIFs) during a lapse in appropriations. The bill would also reverse RIF actions taken during the current government shutdown.

The SAFE Act comes in response to recent efforts by the Office of Management and Budget (OMB) to initiate thousands of RIFs during the ongoing shutdown – an unprecedented step that a federal judge has already said appears “politically motivated,” illegal, and “arbitrary and capricious.”

More than 4,000 federal employees have received RIF notices since early October. While the court has temporarily blocked these actions, the threat remains for many other federal employees serving the American public without pay during this shutdown. 

Current law does not permit agencies to conduct RIFs during a lapse in appropriations. This bill reaffirms and makes explicit Congress’s intent that no administration may use a shutdown as a pretext to initiate layoffs. The SAFE Act makes clear that such actions have no legal force and ensures federal workers cannot be targeted for job cuts during a funding lapse.

“Our civil servants take an oath to serve the American people, not a political party or a president. Weaponizing a shutdown to push out career professionals is not only wrong, it’s unlawful and dangerous for our democracy,” said Sen. Warner. “This bill makes clear that no administration can use manufactured chaos as a backdoor way to purge the federal workforce.”

“Donald Trump and Russ Vought have been deliberately inflicting trauma on our patriotic civil servants since day one, jeopardizing the important work they do on behalf of the American people. This legislation will stop this Administration from weaponizing their shameful shutdown to further their lawless agenda while playing politics with the lives and livelihoods of civil servants and the vital services they provide,” said Sen. Van Hollen.

“Despite court orders and legal precedent, the Trump administration continues to play politics with Americans’ lives during the Republican shutdown,” said Leader Schumer. “The erratic slash-and-burn approach to the federal workforce has already caused chaos—firing dedicated public servants one week, only to rehire them the next. It’s reckless, it’s cruel, and it’s illegal. The SAFE Act will put an end to these politically motivated firings during a shutdown once and for all and make Congress’s intent unmistakably clear: no president can weaponize a shutdown to punish federal workers.”

“Trump is using RIFs as a political tool to punish hardworking federal workers and their families during this Republican shutdown, sowing chaos for hundreds of thousands of people,” said Sen. Hirono. “I’m proud to join my colleagues in introducing this legislation to combat this Administration’s lawlessness and protect the jobs and livelihoods of crucial federal employees.”

“Since day one, the Trump Administration has fired thousands of federal employees,” said Sen. Kaine. “Our dedicated federal workers—and Americans across the country who rely on their service and expertise—deserve better, and that’s why I’m introducing legislation to prevent any administration from laying off federal employees during a shutdown.”

“This President and his Administration have spent the last 10 months attacking our patriotic civil servants – laying off swaths of federal workers, canceling grants and funding that their work relies on, and now shutting down our government, leaving federal workers without pay. Russell Vought has said he wants our federal workers to feel trauma.  It’s cruel, callous, and un-American. That’s why I’m proud to introduce the SAFE Act to prevent mass firings and stop this President from inflicting even more trauma on our federal workers, and the people they serve – the American people,” said Sen. Alsobrooks.

The bill is also sponsored by Sens. Tammy Duckworth (D-IL), Ron Wyden (D-OR), Richard Blumenthal (D-CT), and Andy Kim (D-NJ).

The legislation is endorsed by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), American Federation of Government Employees (AFGE), American Federation of State, County & Municipal Employees (AFSCME), International Federation of Professional and Technical Engineers (IFPTE), National Education Association (NEA), National Federation of Federal Employees (NFFE), National Treasury Employees Union (NTEU), and Service Employees International Union (SEIU).

“NTEU strongly supports the Securing Assurance for Federal Employees Act which would ban mass layoffs of federal employees during a government shutdown. The SAFE Act would be a strong compliment to the court-ordered injunction now in place against such layoffs. To be furloughed without pay and receive a layoff notice is devastating to federal employees who simply want to do the job they were hired to do and serve their country,” said Doreen Greenwald, National President of the National Treasury Employees Union.

“IFPTE wholeheartedly backs the SAFE Act, sponsored by Senator Warner, which would stop the Trump Administration from laying off federal workers during a shutdown. Simply stated, initiating Reductions in Force (RIFs) during a shutdown is unprecedented, illegal, and immoral. The SAFE Act is necessary to rein in the callous and unlawful effort to RIF federal workers, and IFPTE asks all Senators to support this legislation,” said Matt Biggs, President of the International Federation of Professional and Technical Engineers (IFPTE).

Read the full bill here.

WASHINGTON – Today, U.S. Sen. Mark R. Warner joined over 20 Senators in introducing the True Shutdown Fairness Act, legislation to pay all federal employees – both those excepted and furloughed – as well as our servicemembers and federal contractors during the current Republican-led shutdown. The legislation would also prevent the Administration’s attempts at mass firings (Reductions in Force or RIFs) while the government is shut down. 

The legislation is cosponsored by Sens. Chris Van Hollen (D-MD), Gary Peters (D-MI), Patty Murray (D-WA), Angela Alsobrooks (D-MD), Tim Kaine (D-VA), Andy Kim (D-NJ), Richard Blumenthal (D-CT), Brian Schatz (D-HI), Ben Ray Luján (D-NM), Alex Padilla (D-CA), Ruben Gallego (D-AZ), Chris Coons (D-DE), Elizabeth Warren (D-MA), Ed Markey (D-MA), Tammy Duckworth (D-IL), Lisa Blunt Rochester (D-DE), Peter Welch (D-VT), Tina Smith (D-MN), Mazie Hirono (D-HI), Martin Heinrich (D-NM), Dick Durbin (D-IL), Bernie Sanders (I-VT), Mark Kelly (D-AZ), and Raphael Warnock (D-GA).

“Every day federal workers are out there keeping us safe, keeping our food supply secure, enforcing our laws, and caring for our veterans. They are the backbone of the services Americans count on. But from the start, this administration has treated the federal workers not as partners in serving the American people, but as adversaries to be traumatized, punished and politicized. Now, Senate Republicans want to give President Trump even more authority to decide which of these workers get paid and which get punished. I’m proud to stand with my colleagues to introduce this bill  to make sure every federal employee, and every contractor who works by their side in serving the American people, gets treated with the respect they deserve during this cruel Republican shutdown,” said Sen. Warner.

“No federal worker or servicemember should be punished for this shutdown that was brought on through no fault of their own. Republicans are hell-bent on letting Trump pick winners and losers here, but every federal worker, servicemember, and federal contractor deserves to get paid. Our legislation would ensure just that, and if Republicans are serious about supporting our federal employees, they will support it. We must keep pressing to reopen the government with a responsible agreement that holds the President accountable to the law, protects federal workers and our servicemembers, and prevents massive spikes in Americans’ health care costs,” said Sen. Van Hollen.

“As we urge our colleagues to come to the table and work on a bipartisan agreement that reopens the government, our servicemembers and federal workers are paying the price,” said Sen. Peters. “This bill would ensure military personnel and civil servants receive the compensation they depend on to support themselves and their families while we continue working toward a bipartisan funding deal.”

"Maryland is home to 494,000 patriotic federal workers and federal contractors — they have spent their lives to serving their fellow Americans — ensuring our food and water are safe, making sure our parents and grandparents  get their Social Security checks, researching cures to cancer.  It is our duty to ensure they are paid. We must pass legislation that ensures all federal workers receive the paychecks they earned. These workers cannot be faulted for Republicans shutting down our government. They are not political pawns, they are patriots,” said Sen. Alsobrooks.

“Since day one, the Trump Administration has enacted policy after policy to traumatize, politicize, and hollow out the federal workforce that delivers essential services to the American people. Now, Senate Republicans want to give President Trump more power to decide which of these workers get paid, and which get punished. Nothing about that is fair, and I’m proud to stand with my Democratic colleagues in proposing alternative legislation to ensure that America’s entire workforce of dedicated and patriotic federal employees is treated equally,” said Sen. Kaine.

“In New Mexico and across the country, our federal workers, servicemembers, and contractors dedicate their lives to serving the American people. These hardworking Americans should not bear the brunt of the pain Republicans are inflicting through this shutdown. That’s why I’m joining my colleagues to introduce legislation ensuring every federal employee, servicemember, and federal contractor is paid during the ongoing Republican shutdown. This legislation would also block the Trump administration’s attempts to carry out mass firings while the government remains shut down,” said Sen. Luján.

“It defies common sense and anyone’s definition of fairness to say that only certain federal employees should get paid during a shutdown, or that federal employees should be laid off during a shutdown. While the President may insist that he had ‘no choice’ but to lay off federal workers during the shutdown, let’s be clear: he’s been doing this since day one. We need to do everything we can to end this shutdown and get these folks paid and back to work,” said Sen. Welch. “Our legislation pushes back against the President’s lawless rampage and ensures all of our federal workers are paid for doing their jobs.”

“No federal worker should miss a pay-check because of the Republican shutdown. Our legislation would ensure that any employee, whether exempted or furloughed, would receive the compensation they rightly deserve. But instead of working with Senate Democrats to make government employees whole, Senate Republicans have decided to advance a piece of legislation that would give Donald Trump and Russell Vought control over which federal workers get paid. This isn’t the way to protect our federal employees, and it isn’t the way to re-open the government,” said Sen. Durbin.

“As we work to reopen the government and fight to lower skyrocketing health care costs, federal workers and their families should not have to struggle without pay because of this Republican shutdown. This legislation will restore fairness to federal worker pay, prevent Russ Vought from firing more workers, and ensure families don’t suffer because Trump and his Republican allies want thousands of Delawareans to go to work each morning without collecting a check at night,” said Sen. Coons.

The senators’ legislation is endorsed by American Federation of Government Employees (AFGE), National Treasury Employees Union (NTEU), National Federation of Federal Employees (NFFE), American Federation of State, County and Municipal Employees (AFSCME), International Federation of Professional and Technical Engineers (IFPTE), Partnership for Public Service, and The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).

Background on the True Shutdown Fairness Act:

The True Shutdown Fairness Act would immediately restart pay for all excepted and furloughed federal workers, servicemembers, and federal contractors during the current shutdown. The legislation also includes a prohibition on Reductions In Force while the federal government is shut down. Federal employees are ensured retroactive pay after a shutdown ends due to the Government Employee Fair Treatment Act – legislation that Sens. Warner, Kaine, Van Hollen, and Cardin worked to pass in 2019 and that was then signed into law by President Trump.

Full text of the legislation is available here.

WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), Lisa Murkowski (R-AK), Chris Van Hollen (D-MD), and Angela Alsobrooks (D-MD), and U.S. Reps. Don Beyer (D-VA-08) and Steny Hoyer (D-MD-05) led their colleagues in sending a bipartisan letter to Office of Management and Budget (OMB) Director Russell Vought urging OMB to follow the law—which President Donald Trump signed in 2019—that requires furloughed federal employees to receive back pay during a government shutdown. The members underscore that the Government Employee Fair Treatment Act of 2019, which was passed and signed into law during the last shutdown under President Trump, is clear that all federal employees, whether they are excepted or furloughed, are entitled to back pay after a government shutdown ends.

“During the 2018-2019 shutdown, we worked with President Trump to enact the Government Employee Fair Treatment Act (GEFTA) of 2019, the intent of which is clear – federal employees are entitled to retroactive pay in the event of a government shutdown. We applauded President Trump for signing this bipartisan bill into law,” the members wrote.

“The law is clear: all impacted government employees, regardless of excepted or furloughed status, are entitled to back pay after a government shutdown ends, which is consistent with the guidance currently provided by federal agencies, including the Office of Personnel Management (OPM),” the members wrote. “OPM’s shutdown guidance from September 2025 still states that furloughed federal workers will be provided back pay once the government reopens.”

The members continued, “The decision by OMB to remove critical guidance on federal employee back pay is causing unnecessary stress for the federal workforce comprised of nearly 2.2 million employees.”

“We request you immediately clarify and update the Frequently Asked Questions During a Lapse in Appropriations Document and other relevant materials to affirm that furloughed employees will receive back pay, as is required by law,” the members concluded.

In addition to Warner, Kaine, Murkowski, Van Hollen, Alsobrooks, Beyer, and Hoyer, the letter is cosigned by U.S. Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Cory Booker (D-NJ), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Mark Kelly (D-AZ), Andy Kim (D-NJ), Angus King (I-ME), Amy Klobuchar (D-MN), Ed Markey (D-MA), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Jeanne Shaheen (D-NH), Rev. Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR). It is also cosigned by U.S. Representatives Alma Adams (D-NC-12), Gabe Amo (D-RI-01), Yassamin Ansari (D-AZ-03), Jake Auchincloss (D-MA-04), Becca Balint (D-VT-AL), Wesley Bell (D-MO-01), Ami Bera (D-CA-06), Sanford Bishop (D-GA-02), Shontel Brown (D-OH-11), Julia Brownley (D-CA-26), Nikki Budzinski (D-IL-13), Janelle Bynum (D-OR-05), André Carson (D-IN-07), Greg Casar (D-TX-35), Ed Case (D-HI-01), Sean Casten (D-IL-06), Kathy Castor (D-FL-14), Sheila Cherfilus-McCormick (D-FL-20), Judy Chu (D-CA-28), Yvette Clarke (D-NY-09), Emanuel Cleaver (D-MO-05), Jim Costa (D-CA-21), Angie Craig (D-MN-02), Danny Davis (D-IL-07), Madeleine Dean (D-PA-04), Diana DeGette (D-CO-01), Suzan DelBene (D-WA-01), Mark DeSaulnier (D-CA-10), Maxine Dexter (D-OR-03), Debbie Dingell (D-MI-06), Lloyd Doggett (D-TX-37), Sarah Elfreth (D-MD-03), Veronica Escobar (D-TX-16), Dwight Evans (D-PA-03), Shomari Figures (D-AL-02), Lizzie Fletcher (D-TX-07), Bill Foster (D-IL-11), Lois Frankel (D-FL-22), John Garamendi (D-CA-08), Jesús García (D-IL-04), Robert Garcia (D-CA-42), Sylvia Garcia (D-TX-29), Dan Goldman (D-NY-10), Jimmy Gomez (D-CA-34), Maggie Goodlander (D-NH-02), Josh Gottheimer (D-NJ-05), Jahana Hayes (D-CT-05), Pablo Hernández (D-PR-01), Steven Horsford (D-NV-04), Val Hoyle (D-OR-4), Glenn Ivey (D-MD-04), Jonathan Jackson (D-IL-01), Sara Jacobs (D-CA-51), Pramila Jayapal (D-WA-07), Hank Johnson (D-GA-04), Sydney Kamlager-Dove (D-CA-37), Bill Keating (D-MA-09), Robin Kelly (D-IL-02), Greg Landsman (D-OH-01), John Larson (D-CT-01), Summer Lee (D-PA-12), Susie Lee (D-NV-03), Teresa Leger Fernandez (D-NM-03), Mike Levin (D-CA-49), Ted Lieu (D-CA-36), Stephen Lynch (D-MA-08), Doris Matsui (D-CA-07), Lucy McBath (D-GA-06), Sarah McBride (D-DE-AL), April McClain Delaney (D-MD-06), Jennifer McClellan (D-VA-04), Betty McCollum (D-MN-04), James McGovern (D-MA-02), LaMonica McIver (D-NJ-10), Robert Menendez (D-NJ-08), Grace Meng (D-NY-06), Kweisi Mfume (D-MD-07), Dave Min (D-CA-47), Gwen Moore (D-WI-04), Joe Morelle (D-NY-25), Seth Moulton (D-MA-06), Frank Mrvan (D-IN-01), Kevin Mullin (D-CA-15), Jerry Nadler (D-NY-12), Joe Neguse (D-CO-02), Eleanor Holmes Norton (D-DC-AL), Alexandria Ocasio-Cortez (D-NY-14), Johnny Olszewski (D-MD-02), Ilhan Omar (D-MN-05),  Frank Pallone (D-NJ-06), Chris Pappas (D-NH-01), Brittany Pettersen (D-CO-07), Mark Pocan (D-WI-02), Mike Quigley (D-IL-05), Delia Ramirez (D-IL-03), Emily Randall (D-WA-06), Jamie Raskin (D-MD-08), Luz Rivas (D-CA-29), Deborah Ross (D-NC-02), Raul Ruiz (D-CA-25), Andrea Salinas (D-OR-06), Mary Gay Scanlon (D-PA-05), Jan Schakowsky (D-IL-09), Brad Schneider (D-IL-10), Hillary Scholten (D-MI-03), Bobby Scott (D-VA-03), Terri Sewell (D-AL-07), Brad Sherman (D-CA-32), Lateefah Simon (D-CA-12), Adam Smith (D-WA-09), Marilyn Strickland (D-WA-10), Suhas Subramanyam (D-VA-10), Tom Suozzi (D-NY-03), Eric Swalwell (D-CA-14), Emilia Sykes (D-OH-13), Mark Takano (D-CA-39), Mike Thompson (D-CA-04), Dina Titus (D-NV-01), Rashida Tlaib (D-MI-12), Jill Tokuda (D-HI-02), Paul Tonko (D-NY-20), Ritchie Torres (D-NY-15), Derek Tran (D-CA-45), Lauren Underwood (D-IL-14), Juan Vargas (D-CA-52), Gabe Vasquez (D-NM-02), Nydia Velázquez (D-NY-07), Eugene Vindman (D-VA-07), James Walkinshaw (D-VA-11), Debbie Wasserman Schultz (D-FL-25), Bonnie Watson Coleman (D-NJ-12), Nikema Williams (D-GA-05), and Frederica Wilson (D-FL-24).

Full text of the letter is available here and below:

Dear Director Vought:

The Office of Management and Budget’s (OMB) recent update to the Frequently Asked Questions During a Lapse in Appropriations document implies that furloughed federal workers are not entitled to back pay. Additionally, a draft OMB memo stated the administration would deny back pay to furloughed federal workers for the current government shutdown. During the 2018-2019 shutdown, we worked with President Trump to enact the Government Employee Fair Treatment Act (GEFTA) of 2019, the intent of which is clear – federal employees are entitled to retroactive pay in the event of a government shutdown. We applauded President Trump for signing this bipartisan bill into law. 

On January 16, 2019, the Senate unanimously passed the Government Employee Fair Treatment Act to guarantee back pay for all impacted federal workers once a government shutdown ends. This law was enacted during the longest government shutdown which lasted 35 days at the end of 2018, and into the beginning of 2019. Prior to the law’s passage, Congress had to pass specific legislation after each shutdown to ensure furloughed workers received back pay. 

Explicitly, the law guarantees back pay for all federal employees in the event of a government shutdown. “Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work during a covered lapse in appropriations shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates, and subject to the enactment of appropriations Acts ending the lapse.” The law requires that retroactive pay be required in the event of any government shutdown after December 22, 2018.

The law is clear: all impacted government employees, regardless of excepted or furloughed status, are entitled to back pay after a government shutdown ends, which is consistent with the guidance currently provided by federal agencies, including the Office of Personnel Management (OPM). OPM’s shutdown guidance from September 2025 still states that furloughed federal workers will be provided back pay once the government reopens. The decision by OMB to remove critical guidance on federal employee back pay is causing unnecessary stress for the federal workforce comprised of nearly 2.2 million employees.

Thus, we request you immediately clarify and update the Frequently Asked Questions During a Lapse in Appropriations Document and other relevant materials to affirm that furloughed employees will receive back pay, as is required by law.

Sincerely,

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), and seven of their Senate colleagues urged 22 major energy, water, and broadband utility companies to avoid imposing service shutoffs and other penalties for late or missed payments from federal government employees who are not receiving pay during the government shutdown. The senators called on the companies to protect federal employees who may be facing financial hardship from utility disconnections during the shutdown, and emphasized that all federal employees are guaranteed back pay due to legislation Warner and Kaine championed during the government shutdown in 2019.

“A prolonged shutdown could make federal workers temporarily unable to pay their utility bills,” wrote the senators. “If a federal worker faces a utility shutoff, they are more likely to be exposed to dangerous conditions in their home due to a lack of safe temperature, drinking water, or broadband connectivity.”

“Suspending utility shutoffs for federal workers during a government shutdown is in line with statutory protections across the country. However, not all states or localities have such protections and federal workers impacted by the government shutdown live in every corner of our country, including in your service areas. As of July 1, 2025, there are over 2.2 million federal civilian workers, with at least 10,000 in 41 out of 50 states and at least 1,000 in each Congressional district,” noted the senators.

“Due to the Government Employee Fair Treatment Act of 2019, affected federal employees will receive backpay after the shutdown concludes and at that time will be able to address any outstanding debts. Therefore, we urge you to forbear the collection of utility payments, late fees, interest accrual, or other fee collection for federal workers until their pay resumes,” wrote the senators.

The senators concluded, “Our patriotic, merit-based civil servants work on behalf of the American people every day, delivering essential public services for our country. They should not have to bear the brunt of a political dispute they have nothing to do with. While we will continue to do everything in our power to swiftly reopen the government, we urge you to support our federal workers and their families during this challenging time.”

The senators sent letters to executives of energy companies Exelon Corporation, Duke Energy, Southern Company, FirstEnergy Corporation, American Electric Power Company, Xcel Energy, Entergy Corporation, Dominion Energy, PPL Corporation, Public Service Enterprise Group, Ameren Corporation, and Berkshire Hathaway Energy; water utility companies American Water Works Company, American States Water Company, and Essential Utilities; and broadband utility companies Comcast, Charter Communications, AT&T, Verizon, T-Mobile, Cox Communications, and Lumen Technologies.

In addition to Sens. Warner and Kaine, the letter is signed by Sens. Van Hollen (D-MD), Angela Alsobrooks (D-MD), Bernie Sanders (I-VT), Mazie Hirono (D-HI), Cory Booker (D-NJ), Tammy Duckworth (D-IL), and John Hickenlooper (D-CO).

The full text of the letter is available here and below:

We write to urge you to suspend all utility shutoffs imposed on federal workers who are involuntarily furloughed without pay due to the ongoing government shutdown. Without their paycheck, federal workers are at risk of having their electricity, water, and broadband services terminated due to temporary inability to pay. The families you serve must have uninterrupted access to these essential public utilities.

These dedicated public servants contribute to our communities daily by inspecting our food and water, discovering cures for diseases, maintaining our parks, processing retirement benefits, caring for our veterans, and so much more. These civil servants have nothing to do with the ongoing political and policy disputes that have brought us to the government shutdown, but they will feel the acute impact of the loss of their paycheck.

A prolonged shutdown could make federal workers temporarily unable to pay their utility bills. Research shows that financially strained households tend to forgo paying for other essential needs, such as food and health care, in order to avoid utility shutoffs. Moreover, if a federal worker faces a utility shutoff, they are more likely to be exposed to dangerous conditions in their home due to a lack of safe temperature, drinking water, or broadband connectivity.

Suspending utility shutoffs for federal workers during a government shutdown is in line with statutory protections across the country. Over two-thirds of the states have statutes on the books to protect vulnerable populations from utility shutoffs. In Maryland specifically, state law prohibits public utilities from shutting off service to involuntarily furloughed federal workers.

However, not all states or localities have such protections and federal workers impacted by the government shutdown live in every corner of our country, including in your service areas. As of July 1, 2025, there are over 2.2 million federal civilian workers, with at least 10,000 in 41 out of 50 states and at least 1,000 in each Congressional district.

Due to the Government Employee Fair Treatment Act of 2019, affected federal employees will receive backpay after the shutdown concludes and at that time will be able to address any outstanding debts.  Therefore, we urge you to forbear the collection of utility payments, late fees, interest accrual, or other fee collection for federal workers until their pay resumes.

When households are afforded utility disconnection protections, studies show that they are more likely to meet their basic expenses and less likely to rely on social networks and government agencies for assistance with their bills.  By undertaking this small but meaningful action during a government shutdown, you can ensure that federal workers are not punished.

Our patriotic, merit-based civil servants work on behalf of the American people every day, delivering essential public services for our country. They should not have to bear the brunt of a political dispute they have nothing to do with. While we will continue to do everything in our power to swiftly reopen the government, we urge you to support our federal workers and their families during this challenging time.

Sincerely,

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) introduced the Federal Employee Civil Relief Act. This legislation would protect federal workers, federal contractor employees, and their families from foreclosures, evictions, and loan defaults during a government shutdown.

“Through no fault of their own, hundreds of thousands of dedicated public servants in Virginia have been furloughed or are currently working without pay. That creates real financial strain for families trying to keep up with mortgages, student loans, and other bills. This legislation will help ensure federal workers and contractors aren’t forced to bear the cost of a shutdown they didn’t cause,” said Sen. Warner.

“During a government shutdown, federal employees and contractors are forced to work without pay, leaving many trying to figure out how they’re going to pay their rent, mortgage, car payment, or other bills,” said Sen. Kaine. “That’s why I’m introducing this legislation to help protect these federal workers and contractors from losing their home or defaulting on payments during a shutdown.”

The Federal Employee Civil Relief Act would protect federal workers and contractors from:

1. Being evicted or foreclosed;
2. Having their car or other property repossessed;
3. Falling behind on their student loan payments;
4. Having negative effects on their credit history;
5. Falling behind on paying their bills; or
6. Losing their insurance because of missed premiums.

These protections would last during and 30 days following a shutdown to give workers a chance to keep up with their bills. The government shutdown, now in its second week, impacts thousands of federal workers and federal contractor employees throughout Virginia and the rest of the country.

The Federal Employee Civil Relief Act is supported by the National Treasury Employees Union, International Federal of Professional and Technical Engineers, National Federation of Federal Employees-IAM, American Federation of Government Employees, National Active and Retired Federal Employees Association, UNITE HERE, LIUNA (Laborers' International Union of North America), and the Transport Workers Union.

“Federal employees have student loans, mortgages, car payments, and other financial commitments just like every other American. Those obligations don’t go away during a shutdown. Thanks to the leadership of Senator Schatz, if passed, the Federal Employee Civil Relief Act will help civil servants across the nation have peace of mind when navigating the uncertainty posed when the government shuts down and their financial security is jeopardized. Federal employees serve the public daily. This legislation honors their service and ensures they aren’t penalized when circumstances arise that are no fault of their own,” said Doreen Greenwald, National President of NTEU.

“On behalf of our members, we strongly support the Federal Employees Civil Relief Act. This bill provides essential protections for federal workers who, through no fault of their own, face severe financial hardship during a government shutdown. No public servant should be at risk of eviction, repossession, or losing health insurance simply because they are working without pay or furloughed,” said Everett Kelley, President of AFGE.

Sponsors of the Federal Employee Civil Relief Act in the Senate include Democratic Leader Chuck Schumer (D-NY) and U.S. Sens. Brian Schatz (D-HI), Dick Durbin (D-IL), Alex Padilla (D-CA), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Richard Blumenthal (D-CT), Kirsten Gillibrand (D-NY), Angela Alsobrooks (D-MD), Elizabeth Warren (D-MA), Tammy Duckworth (D-IL), Mazie K. Hirono (D-HI), Catherine Cortez Masto (D-NV), Amy Klobuchar (D-MN), Cory Booker (D-NJ), and Martin Heinrich (D-NM). Companion legislation in the House of Representatives is set to be introduced by Rep. Brendan Boyle (D-PA).

WASHINGTON – Yesterday, Sen. Mark R. Warner (D-VA) and colleagues introduced the Help FEDS (Federal Employees During a Shutdown) Act to support federal employees who would be required to work without pay during a government shutdown. 

This bill is sponsored by Sen. Angela Alsobrooks (D-MD) and co-sponsored by Sens. Chris Van Hollen (D-MD), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Tim Kaine (D-VA), and Brian Schatz (D-HI). 

“Virginia is home to hundreds of thousands of dedicated federal employees who keep our government running and our communities safe. The Help FEDS Act will give essential workers some peace of mind that they can cover the basics – putting food on the table, paying for childcare, or getting to and from work – while they continue serving the American people. I’m proud to join my colleagues in standing up for these public servants,” said Sen. Warner.  

“President Trump, Elon Musk, and Russ Vought have shown us very clearly over the last 9 months that they do not care about our civil servants – the patriotic men and women that work on behalf of the American people under Democratic and Republican presidents alike. I will fight with all that I have to ensure our civil servants continue to be paid even if Republicans shut down the government because of their own incompetence,” said Sen. Alsobrooks.  

“Our patriotic, merit-based civil servants work on behalf of the American people every day, delivering essential public services for our country. They should not have to bear the brunt of a political dispute they have nothing to do with, which is why we are fighting to provide them with an economic lifeline should Republicans force a government shutdown,” said Sen. Van Hollen. 

“Americans join the federal workforce because they want to help provide essential services to communities across the country,” said Sen. Kaine. “They shouldn’t be punished for that, especially in the event of a government shutdown. That’s why I’m glad to join with my colleagues in introducing this legislation to help make it easier for these patriotic workers to pay their bills as they continue to work on behalf of the American people.” 

“Federal employees, through no fault of their own, are caught in the middle of a political dispute that could force them to go to work without knowing when they will be paid. The Help FEDS Act would provide these nonpartisan civil servants with vital resources to help keep gas in their cars, provide food and necessary medicines for their family and give them peace of mind as they navigate a period of immense financial uncertainty while delivering essential services Americans depend on. I applaud Senator Alsobrooks and Rep. Elfreth for their efforts to help ease the burden placed on these dedicated public servants and for their leadership on this issue,” said Doreen Greenwald, NTEU National President. 

“In the event of a shutdown, excepted federal workers will be required to work without pay. The least we can do is to allow them to collect unemployment benefits,” said Andrew Stettner, Director of Economy & Jobs, the Century Foundation. 

“Federal workers should not be pawns in government shutdowns, and if they are required to work without pay, then they should be at least receive unemployment insurance. We appreciate Senator Alsobrooks stepping forward as their champion and introducing this important legislation,” said Judy Conti, Government Affairs Director, National Employment Law Project. 

This legislation has been endorsed by the American Federation of State, County and Municipal Employees, the National Treasury Employees Union, the Century Foundation, the National Employment Law Project.  

When there is a government shutdown, federal employees who are deemed “excepted” or “essential” are required to work without pay. The President and OMB Director have wide discretion over how many federal employees may be deemed essential. During the last government shutdown, when the Trump Administration was in charge, 420,000 federal employees were deemed essential, meaning that 420,000 were forced to work without pay.  

The Help FEDS (Federal Employees During a Shutdown) Act ensures federal employees who are required to work during a government shutdown are eligible to apply for unemployment insurance (UI). Essential employees will receive back pay thanks to legislation that Congress passed after the 2018/2019 shutdown. Under this bill, employees would have to pay back the UI when they receive back pay, and states will be reimbursed for the additional UI they would have to pay out. Furloughed employees during a shutdown are already eligible for UI.  

In the House, this legislation is sponsored by Rep. Sarah Elfreth (D-MD-03) and co-sponsored by Reps. Yassamin Ansari (AZ-03), Wesley Bell (MO-01), Don Beyer (VA-08), Emanuel Cleaver (MO-05), Danny Davis (IL-07), Maxine Dexter (OR-03), Adriano Espaillat (NY-13), Steny Hoyer (MD-05), Glenn Ivey (MD-04), Zoe Lofgren (CA-18), April McClain Delaney (MD-06), Eleanor Norton (DC-AL), Johnny Olszewski (MD-02), Emily Randall (WA-06), Jamie Raskin (MD-08), Suhas Subramanyam (VA-10), Shri Thanedar (MI-13), Rashida Tlaib (MI-12), Eugene Vindman (VA-07), James Walkinshaw (VA-11), and George Whitesides (CA-27).  

Read the full bill text here.  

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Chris Van Hollen (D-MD), Chuck Schumer (D-NY), Brian Schatz (D-HI), Alex Padilla (D-CA), Angela Alsobrooks (D-MD), and Tim Kaine (D-VA) today introduced the Protect America’s Workforce Act – bipartisan legislation to repeal two union-busting executive orders and restore collective bargaining rights and workplace protections for federal workers.

This legislation comes in response to two executive orders issued earlier this year by President Trump. These executive orders revoked collective bargaining rights for a majority of federal employees under a false national security pretext. While federal employee unions do not negotiate pay or benefits, collective bargaining agreements do protect federal employees from retaliation, discrimination, and illegal firings, while promoting resources for whistleblowers and veterans.

“From the gutting of essential government agencies to the politization of nonpartisan government jobs, there’s never been a tougher time to be a federal worker,” said Sen. Warner. “As the Trump administration continues to terrorize the federal workforce, I’m proud to introduce legislation to safeguard the longstanding protections that federal employees need right now.”

“Every day our patriotic, merit-based civil servants provide essential services to the American people – and their collective bargaining rights are critical to protecting them from unfair labor practices as they carry out that important work. Trump wants to strip them of these rights so he can continue to gut the federal workforce and easily replace them with political cronies who will do his bidding without regard for the law. This bipartisan bill will stop this lawless union-busting power grab – and protect the integrity of our federal workforce and the services they provide,” said Sen. Van Hollen.

“Trump’s attacks on unions, union jobs, and the right to collective bargaining is making our economy weaker and putting American jobs at risk,” said Leader Schumer. “Earlier this year, President Trump issued wide-sweeping executive orders that revoked collective bargaining rights that federal workers have held for decades – a threat to the rights of all of America’s workers. Federal workers deserve to have union protection to improve their working conditions and to defend those who speak up on behalf of the American people – it’s how our federal workforce finds and retains the best talent and how we live up to the values and standards our country has set for itself. Democrats know that union strong is America strong which is why I am proud to support the Protect America’s Workforce Act to restore commonsense measures that will right this wrong and help protect the rights of the people who have elected to serve our country.”

“Federal workers serve the American people and keep our country running every day.  They deserve fair treatment and a voice on the job. That means protecting unions and collective bargaining. As the administration continues to undermine their rights, our bill will restore worker protections and help strengthen the federal workforce,” said Sen. Schatz.

“Donald Trump’s executive orders ripping away collective bargaining rights from over a million federal workers constitute one of the biggest union busts in American history,” said Sen. Padilla. “Eliminating these basic labor protections is a thinly veiled retribution campaign under the guise of national security, but these orders make us all less safe by undermining the workforce Americans rely on for vaccine research, food inspections, natural disaster relief, and so much more. Our bill reverses these callous attacks to protect the fundamental workplace rights of federal employees in California and across the country so they can continue serving the American people.”

"Maryland's patriotic civil servants serve with dedication under both Democratic and Republican Administrations. The Trump Administration callously attacking them hurts the people they serve - the American people. It hurts seniors who count on Social Security, it hurts parents who count on their children's water and food to be safe, and it hurts families who count on public health experts to keep them healthy. I will always fight to protect our federal workers and their collective bargaining rights," said Sen. Alsobrooks.

“President Trump and his Administration’s attacks on collective bargaining rights of federal employees makes it easier to fire those who ensure public safety, respond to natural disasters, protect our national security, and more,” said Sen. Kaine. “I’m proud to introduce this legislation to help restore these rights and other workplace protections for federal employees.” 

The Civil Service Reform Act of 1978 (CRSA) grants the president authority to limit collective bargaining agreements when there is a national security concern. President Trump’s executive orders, however, sought to take advantage of the CRSA by inappropriately classifying two-thirds of the federal workforce as having national security missions in order to claim the authority needed to cancel valid union contracts.

This legislation also has the support of the AFL-CIO, Actors’ Equity Association, Alliance for Retired Americans, American Federation of Government Employees (AFGE), American Federation of Musicians, American Federation of State, County and Municipal Employees (AFSCME), American Federation of Teachers (AFT), Communications Workers of America (CWA), Department for Professional Employees, AFL-CIO (DPE), Federal Education Association, International Association of Machinists & Aerospace Workers (IAM), International Federation of Professional and Technical Engineers (IFPTE), International Organization of Masters, Mates & Pilots, LIUNA - the Laborers' International Union of North America, National Education Association, National Federation of Federal Employees (NFFE-IAM), National Nurses United, National Postal Mail Handlers Union (NPMHU), National Treasury Employees Union (NTEU), Seafarers International Union, Service Employees International Union (SEIU), Transportation Trades Department, AFL-CIO (TTD), United Association of Plumbers and Pipefitters, United Auto Workers (UAW), United Mine Workers of America (UMWA), and United Steelworkers (USW).

“Donald Trump’s executive order launched the biggest act of union-busting in our history, ripping away collective bargaining rights from a million federal workers. In the months since, his administration has expanded that order and unilaterally cancelled union contracts for more than 400,000 workers. These moves are an assault on our fundamental freedoms and undercut critical services people across the country rely on. We commend Senators Warner, Van Hollen, and Minority Leader Schumer for bringing the fight to overturn the Trump administration’s attack on workers to the Senate. Bipartisan momentum is already building in the House, where lawmakers are collecting the final signatures on a discharge petition to bring this bill to a vote. The labor movement looks forward to working with senators to stop the senseless assault on workers who provide essential government services to communities across America. The labor movement stands united behind this bill, and we call on every senator—Democrat, Republican and Independent—to keep their promise to workers by backing this legislation,” said AFL-CIO President Liz Shuler.

“President Trump’s March executive order stripping most of the federal workforce of collective bargaining rights represents the single most aggressive action taken by the federal government against organized labor in U.S. history, dwarfing any previous action against public or private sector working Americans.  AFGE members are grateful to Sen. Warner for introducing the Protect America’s Workforce Act and standing up for the nonpartisan civil service, the women and men who serve in it, and the critical role that collective bargaining has played for decades in fostering a safe, productive, and collaborative workplace that serves the American people,” said AFGE National President Dr. Everett Kelley.

“Presidential orders stripping union rights from federal employees are not only an attack on the civil service, they’re an attack on the vital services Americans depend on. NTEU members are grateful to Senators Warner, Van Hollen, Schumer, Schatz, Padilla, Alsobrooks, and Kaine for leading this legislation requiring agencies to honor the collective bargaining agreements already in place. The Protect America’s Workforce Act ensures federal employees can collectively advocate for a better workplace and the resources to best serve the American people,” said Doreen Greenwald, National President of the National Treasury Employees Union.

“NFFE is proud to endorse the Protecting America’s Workforce Act, which will restore union rights for over one million civil servants,” said NFFE National President Randy Erwin. “The union busting executive order signed by President Trump in March has proven to be detrimental to federal workers and the essential services they provide to the American people every day. This legislation has garnered broad bipartisan support in the House of Representatives and will surely do the same in the Senate. Lawmakers from both sides of the aisle understand that if this bill is not passed into law, their constituents will suffer the consequences. Thank you to Senator Warner and the initial cosponsors of the legislation for their leadership on this critical issue.”

“They protect the environment, care for veterans, and support public health and education. Characterizing these workers as a national security threat in order to strip them of their union rights and protections is shameful and a gross overreach by this administration.  The Protect America’s Workforce Act is necessary to restore their collective bargaining rights, including protection against illegal firing, discrimination or retaliation particularly at this time in our country,” said Heather Conroy, Executive Vice President of the Service Employees International Union.

“Federal workers are essential to our nation's health and well-being, and when they have the freedom to collectively bargain for safe working conditions and strong public services, we all benefit. The billionaires running this administration are hell-bent on rigging our government to line their own pockets, and silencing federal workers is how they plan to do it,” said AFSCME President Lee Saunders. “We thank Senator Mark Warner for introducing this legislation, and we urge the Senate to quickly pass this bill.”

“As nurses, we use our voices on the job every day to fight for safe staffing and the best possible care for our veterans,” said Irma Westmoreland, RN at the Charlie Norwood VA Medical Center in Augusta, Ga., and Director of NNU’s VA division. “The Trump administration attempted to silence our voice by stripping collective bargaining rights from over a million federal workers, but we will not be silent. We thank Senator Warren for introducing the Protect America’s Workforce Act on the Senate side to restore our collective bargaining rights, and we urge the House and Senate to act quickly to pass this bill so nurses can continue advocating for the best care that veterans deserve.”

“IFPTE was founded in 1918 by federal workers at the Norfolk Naval Shipyard, and other Navy shipyards joined together, just as our nation entered World War I.  At agencies that support military readiness, advance scientific breakthroughs and space exploration, protect communities and commerce from environmental hazards, our federal sector local unions have a long and proud history of making sure federal employees and the federal agencies can succeed and serve the American public. We know full well that the Trump Administration’s Executive Orders to deny over 1million federal workers their bargaining rights on a bogus national security rationale make this the most anti-labor, anti-worker administration in United States history. IFPTE applauds Senator Warner, Senator Van Hollen, and Leader Schumer for standing up for federal workers' union rights and for a government that works for the America by sponsoring the Protect America’s Workforce Act,” said Matt Biggs, President of the International Federation of Professional and Technical Engineers (IFPTE).

“Federal government employees play a crucial role in public service by keeping our transportation systems safe, investigating accidents, overseeing critical weather forecasts, and providing essential supplies to the U.S. military. These workers already surrender many of the rights that private-sector employees enjoy, such as the ability to negotiate wages and benefits and the fundamental right to strike. Transportation labor urges the Senate to pass the bipartisan Protect America’s Workforce Act and restore the basic collective bargaining rights of federal workers,” said Transportation Trades Department, AFL-CIO (TTD) President Greg Regan.

“The Protect America’s Workforce Act is essential to restoring the collective bargaining rights that DoDEA educators and all federal employees deserve. Preserving collective bargaining is key to maintaining a strong, stable, and safe federal workforce where employee voices are heard, respected, and valued. This legislation affirms that our rights, our contracts, and our voices matter, and ensures we can continue advocating for the safety, well-being, and success of the students and families we serve every day,” said Richard Tarr, Executive Director of the Federal Education Association.

“I thank Senator Warner for introducing the Protecting America’s Workforce Act in the Senate. Protecting the rights of the federal workers we represent is a priority of our union, and passage of this very important piece of legislation is key in reversing the attack on these civil servants. Federal workers are essential to the livelihood and prosperity of the U.S., and these workers rightly deserve the right of collective bargaining, which provides benefits like protections in the workplace and better service to the public,” said International Association of Machinists and Aerospace Workers President Brian Bryant.

This legislation was also cosponsored by U.S. Sens. Lisa Murkowski (R-AK), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Cory Booker (D-NJ), Maria Cantwell (D-WA), Catherine Cortez Masto (D-NV), Chris Coons (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), John Fetterman (D-PA), Ruben Gallego (D-AZ), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Mark Kelly (D-AZ), Andy Kim (D-NJ), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Ed Markey (D-MA), Jeff Merkley (D-OR), Chris Murphy (D-CT), Patty Murray (D-WA), Jon Ossoff (D-GA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Elissa Slotkin (D-MI), Tina Smith (D-MN), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

Bill text is available here.

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WASHINGTON – U.S. Sens. Mark R. Warner, Vice Chairman of the Senate Select Committee on Intelligence, and Tim Kaine (both D-VA) issued the following statement:

“Moving the FBI from the Hoover Building to the Reagan Building isn’t a plan, it’s a punt. For years, Democratic and Republican administrations alike have agreed on the need for a secure, purpose-built headquarters that actually meets the FBI’s mission needs. This announcement brushes aside years of careful planning, ignores the recommendations of security and mission experts, and raises serious concerns about how this decision was made. Unfortunately, it fits a broader pattern from this administration — one marked by indiscriminate firings, canceled leases, and a general disregard for the federal workforce.

“The law enforcement and intelligence professionals of the FBI deserve more than a hasty, improvised approach. They deserve a facility that matches the gravity of their work to keep Americans safe.”

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WASHINGTON — Today, U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Committee on Banking, Housing, and Urban Affairs, led a group of colleagues in introducing the Defending Our Government's Electronic data: Bolstering Responsible Oversight & Safeguards (DOGE BROS) Act, legislation to hold Elon Musk and the Department of Government Efficiency (DOGE) accountable for their continued efforts to improperly access, and retain, individuals’ personally identifiable information (PII) including names, addresses, phone numbers, email addresses, Social Security numbers, and other financial information.

“As unvetted and unqualified DOGE employees continue to recklessly access the sensitive personal information of millions of Americans, it’s important that we take steps to better protect this data,” Sen. Warner said. “For too long, our privacy laws have sat outdated, barely serving as a deterrent for improper handling or potential release of information. This legislation would enforce that privacy must be a priority when handling the data of the American public.”

Joining Sen. Warner in introducing the DOGE BROS Act are U.S. Sens. Tim Kaine (D-VA), Chris Van Hollen (D-MD), Angela Alsobrooks (D-MD), Adam Schiff (D-CA), Ben Ray Luján (D-NM), and Peter Welch (D-VT).

“Elon Musk and his ‘Department of Government Efficiency’ are wreaking havoc across the government and gaining access to Americans’ sensitive information without proper authorization, which poses significant privacy and national security concerns,” Sen. Kaine said. “That’s why I’m introducing this bill to increase the penalties for violating privacy laws and help safeguard Americans’ personal information.”

“Elon Musk and his DOGE cronies have been illegally ransacking federal agencies to gain access to troves of Americans’ sensitive personal data – from Social Security numbers to medical records to bank account information. Strengthening penalties for the theft of this data will help further deter these illegal abuses and keep Americans’ private information safe,” Sen. Van Hollen said.

“The American people do not want Elon Musk knowing their Social Security numbers and sifting through their financial information. Musk and his team of wildly unqualified DOGE employees have gone too far – and we are sick of it. The Senate needs to prove we care more about those we serve than Elon Musk. Let’s immediately pass this legislation to protect the data and privacy of the American people,” Sen. Alsobrooks said.

“From day one, Elon Musk’s DOGE has taken a wrecking ball to the federal government and critical services for the American people, all while carelessly pursuing their sensitive personal data,” Sen. Luján said. “Congress must do more to protect that information and keep it out of the wrong hands. That’s why I’m proud to join my colleagues in introducing legislation to strengthen our privacy laws and put Americans’ privacy first.”

“Elon Musk’s so-called ‘Department of Government Efficiency’ and his DOGE agents are wreaking havoc on the federal government and the programs millions of Americans rely on. There’s no reason DOGE should gain access to Vermonters’ personal information, and I’m working with my colleagues to hold DOGE accountable and protect peoples’ privacy and data,” Sen. Welch said. 

The United States has existing laws that are designed to protect personal information held by the government. However, the penalties established in these various laws have not been properly adjusted or increased to account for inflation, making them far less impactful today. The DOGE BROS Act would increase five penalties for violation of federal privacy laws to better protect the sensitive information that DOGE is accessing in their reckless purge of the federal government. Specifically, the DOGE BROS Act would increase the following existing penalties for the unauthorized release of the following information:

1. Individually Identifiable Information Contained Within Any Agency Record  

• Code Section: 5 U.S.C. §552a(i)(i, ii, iii)
• Current Penalty: up to $5,000
• Proposed Penalty: up to $30,000

2. Information from Any Department or Agency of the United States Obtained Using a Computer Without Authorization

• Code Section: 18 U.S.C. 1030(a)(2)(B)
• Current Penalty: up to $250,000
• Proposed Penalty: up to $750,000

3. Social Security and Medicare Data

• Code Sections: 42 U.S.C. §1306
• Current Penalty: up to $10,000
• Proposed Penalty: up to $25,000

4. Tax Return Information

• Code Section: 26 U.S.C. §7213
• Current Penalty: up to $5,000
• Proposed Penalty: up to $25,000

5. Census Data

• Code Section: 13 U.S.C. §214
• Current Penalty: up to $5,000
• Proposed Penalty: up to $25,000

Copy of the bill text is available here.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), Chris Van Hollen and Angela Alsobrooks (both D-MD) and U.S. Rep. Gerald E. Connolly (D-VA-11) led their colleagues in a letter to Office of Personnel Management (OPM) Acting Director Charles Ezell opposing President Trump’s move to revive ‘Schedule F.’ Schedule F, now called Schedule Policy/Career, is a policy Trump pursued during his first term to reclassify federal workers, stripping them of their protections and making it easier for the Administration to carry out politically motivated firings.

“The proposed rule will allow agencies to reclassify thousands of dedicated federal workers from the competitive service into the excepted service and therefore strip them of their civil service rights and protections,” wrote the members. “The impacts of this proposed rule will upend decades of reforms which have strengthened the federal workforce.”

The members continued, “More than 2.2 million federal employees work every day to conduct life-saving research, defend our national security, uphold food and drug standards, monitor air and water quality, ensure flight safety and so much more. Nonpartisan, career civil servants, who make up the vast majority of our federal workforce, take an oath to defend the Constitution regardless of which political party occupies the White House.”

“The Trump Administration has made clear its ambitions to undercut the nonpartisan civil service through the Schedule Policy/Career directive. Reclassifying civil service positions into the excepted service removes virtually all protections and rights currently afforded to civil servants,” the members wrote. “Coupled with the Trump Administration’s efforts to relocate and terminate wide swaths of the federal workforce, Schedule Policy/Career reclassifications will negatively affect recruitment and retention efforts for federal workers.”

“As Members of Congress, we understand the vital role of our nonpartisan, highly-skilled civil servants and strongly oppose efforts to dismantle and politicize our country’s competitive federal workforce. Civil servants remain steadfast in their commitment to serving the public interest, not political agendas and deserve the full support of their government in that effort,” the members concluded.

In addition to Sens. Warner, Kaine, Van Hollen, Alsobrooks, and Connolly, the letter was signed by U.S. Senators Kirsten Gillibrand (D-NY), Alex Padilla (D-CA), Cory Booker (D-NJ), Elizabeth Warren (D-MA), Patty Murray (D-WA), Tina Smith (D-MN), Mazie K. Hirono (D-HI), Richard Blumenthal (D-CT), Andy Kim (D-NJ), Ed Markey (D-MA), and Bernie Sanders (I-VT) and U.S. Representatives Eleanor Holmes Norton (D-DC-At-Large), Ro Khanna (D-CA-17), Suhas Sabramanyam (D-VA-10), Stephen Lynch (D-MA-08), Robert Garcia (D-CA-42), Ayanna Pressley (D-MA-07), Jasmine Crockett (D-TX-30), Melanie Stansbury (D-NM-01), Greg Casar (D-TX-35), Maxwell Frost (D-FL-10), and Kweisi Mfume (D-MD-07).

Sens. Warner, Kaine, Van Hollen, Alsobrooks, and Connolly have been leading voices in Congress against efforts to dramatically reduce and politicize the federal workforce. Among other steps, Kaine and Connolly led the introduction of the Saving the Civil Service Act to protect the merit-based federal workforce system and prevent any position in the competitive service from being reclassified to Schedule F.

Full text of the letter is available here and below.

Dear Acting Director Ezell:

We write in strong opposition to the Office of Personnel Management’s (OPM)’s Proposed Rule – Improving Performance, Accountability, and Responsiveness in the Civil Service [OPM-2025-00041]. The proposed rule will allow agencies to reclassify thousands of dedicated federal workers from the competitive service into the excepted service and therefore strip them of their civil service rights and protections. The impacts of this proposed rule will upend decades of reforms which have strengthened the federal workforce. Rescheduling nonpartisan positions undermines the ability of federal agencies to fulfill their vital missions and ignores over 140 years of civil service precedent beginning with the Pendleton Civil Service Reform Act of 1883.

More than 2.2 million federal employees work every day to conduct life-saving research, defend our national security, uphold food and drug standards, monitor air and water quality, ensure flight safety and so much more. Nonpartisan, career civil servants, who make up the vast majority of our federal workforce, take an oath to defend the Constitution regardless of which political party occupies the White House. Furthermore, these individuals have the unique credentials and institutional experience required to ensure continuity and impartiality within the federal government. The American public benefits from a strong federal workforce supported by a nonpartisan civil service to conduct their critical work.

On January 20, 2025, President Trump issued Executive Order 14171 which claimed to immediately rescind regulations protecting civil servants and the merit system, reinstated Schedule F, and simultaneously directed OPM to engage in the rulemaking process to create a regulation supporting the reclassification order. Now known as Schedule Policy/Career, any positions that influence policy are directed to be reclassified into the excepted service. In accordance with EO 14171, OPM issued a proposed rule on Schedule Policy/Career which directs agencies to reclassify any position categorized as “confidential, policy-determining, policymaking or policy-advocating character” into the excepted service. 

The Trump Administration has made clear its ambitions to undercut the nonpartisan civil service through the Schedule Policy/Career directive. Reclassifying civil service positions into the excepted service removes virtually all protections and rights currently afforded to civil servants. This includes due process and appeals rights that help ensure civil servants can conduct their duties without fear of politically-motivated removal or retaliatory measures. Removing these protections will make civil servants at-will employees and more susceptible to political pressures. Coupled with the Trump Administration’s efforts to relocate and terminate wide swaths of the federal workforce, Schedule Policy/Career reclassifications will negatively affect recruitment and retention efforts for federal workers.

OPM’s directive to reschedule agency positions that have any involvement in policy will have devastating impacts not only on career civil servants and their families, but the communities that they serve. OPM estimates that 50,000 positions, which accounts for approximately 2% of the civil service, will ultimately be moved into Schedule Policy/Career. However, OPM’s failure to adequately define what factors constitute “confidential, policy-determining, policymaking or policy-advocating character” leaves interpretation largely up to each agency and risks the policy being much more broadly implemented than initially disclosed.   

Already, agencies have begun taking the broadest approach to evaluating which positions to reclassify into Schedule Policy/Career. The Social Security Administration (SSA) reportedly has directed staff to prepare for large swaths of the agency to be reclassified. Internal documentation obtained by Government Executive indicates that Acting Administrator Lee Dudek recently instructed across-the-board reclassifications for senior leaders and over a half dozen offices within SSA. These positions encompass researchers and other supporting positions that do not set or impact policy decisions. The maximalist approach outlined by SSA foreshadows the wide-reaching implications of Schedule Political/Career which will negatively alter the federal workforce for decades to come.

As Members of Congress, we understand the vital role of our nonpartisan, highly-skilled civil servants and strongly oppose efforts to dismantle and politicize our country’s competitive federal workforce. Civil servants remain steadfast in their commitment to serving the public interest, not political agendas and deserve the full support of their government in that effort. In that vein, we urge OPM to immediately rescind this proposed rule and collaborate with Congress to effectively manage government operations. 

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner, Vice Chairman of the Senate Select Committee on Intelligence, and Tim Kaine (both D-VA) issued a statement in response to President Trump’s latest attack on the federal workforce – an executive order targeting collective bargaining rights:

“This is just another attempt by President Trump to ‘traumatize’ and illegally fire federal workers. Collective bargaining makes the federal workforce stronger, and undermining these rights does nothing to improve our national security. In fact, this order will only make us less safe, as this executive order is only Donald Trump and Elon Musk’s latest gambit to make it easier to fire the people who ensure public safety, prepare for pandemics, respond to natural disasters, and much, much more. This political attack on our civil servants must not stand.”  

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine (both D-VA), and U.S. Representatives Bobby Scott (D-VA-3), Gerry Connolly (D-VA-11), Don Beyer (D-VA-8), Jennifer McClellan (D-VA-4), Suhas Subramanyam (D-VA-10), and Eugene Vindman (D-VA-7) released the following statement blasting the Trump Administration’s agenda to relocate offices and bureaus out of the National Capital Region:

“We’ve already seen President Trump try to shrink the federal workforce by executing illegal mass firings, politicize the federal workforce by nominating political hacks who will side with Trump over our Constitution, and now, we’re seeing him try to relocate the federal workforce by ripping federal workers and their families from our communities. Not only do Virginia’s 140,000 federal workers dedicate their careers to serving their fellow Americans—they make countless other contributions to the Commonwealth. They worship in Virginia churches, send their kids to Virginia schools, and support Virginia businesses. They have made Virginia their home, and Virginia is better for it. We won’t stand idly by while they are kicked around and forced to uproot their lives and their families—we will do everything we can to stop that from happening, just like every leader in Virginia should.”